DUI Defense: Ways to Beat a DUI Charge
With some of the toughest DUI laws in the United States, Arizona is able to charge drivers with a DUI offense for being impaired to the slightest degree. Law enforcement can cite a driver for a DUI without testing for BAC and, if the prosecution is able to prove the driver was truly impaired in any way, the driver will be convicted of a DUI regardless of their actual BAC level at the time of the offense.
The Rideout Law Group defense attorneys use a variety of proven defense tactics in DUI cases to stand against Arizona’s strict DUI laws.
Illegal Stopping/Handling by Law Enforcement
Law enforcement must abide by certain rules when pulling drivers over on the road. If they break any of these rules, the evidence they obtain may be thrown out in court. This includes:
Being Pulled Over Without Cause
Law enforcement must have a valid and reasonable reason to pull a driver over. An individual cannot be pulled over arbitrarily or for discriminatory purposes.
Illegal Detention
Law enforcement cannot investigate a driver for a DUI after they have been pulled over for a different violation unless there is sufficient cause to also investigate for DUI.
No Proof of the Driver Actually Driving
A driver must be in “actual physical control” of a vehicle in order to be charged with a DUI. If an intoxicated person walks to their vehicle, turns it on, and falls asleep before ever driving, they cannot be considered to be in physical control and cannot be charged with driving under the influence. Law enforcement needs to prove that the driver was actually driving the vehicle while intoxicated in order to charge them.
Issues with Field Sobriety Tests (FST)
Field sobriety tests are notoriously difficult to pass, even when completely sober. Anyone being investigated for a DUI has a legal right to refuse taking any of these tests and should be informed of such by law enforcement.
Going Against NHTSA Standards
The National Highway Traffic Safety Administration recognizes that the playing field isn’t level for all people when it comes to field sobriety tests. According to the NHTSA, drivers suspected of DUI should not be asked to perform an FST if they are significantly overweight, elderly, have joint injuries, have disabilities that affect balance, or are wearing shoes with heels over two inches high.
Poor Testing Conditions
External conditions can negatively affect the outcome of a person’s FST. Wind and precipitation can cause even a sober individual to lose their balance, slip, or become distracted.
Improperly Administered Field Sobriety Tests
Officers are trained in the proper ways to conduct field sobriety tests. If it can be shown that a law enforcement officer administered an FST incorrectly, the test results cannot be considered valid evidence. Furthermore, any non-standard tests are considered to be invalid.
Breathalyzer Issues
Breathalyzers must be appropriately calibrated and are still prone to inaccuracy. Results obtained from a faulty breathalyzer are inadmissible in court. Moreover, results can be skewed as a result of an unusually high body temperature, poor breath samples, or even as a result of being a long-term smoker. Results are also inadmissible if duplicate testing did not occur and the officer did not follow standard procedure in performing the breath test.
Issues with Blood Samples
When a suspected DUI offender is taken to a police station, they will have their blood tested for BAC level. Results can become inadmissible if it is found that the test was administered improperly, standard procedural protocol was not followed, or the blood sample was contaminated or otherwise compromised.
Rideout Law Group has a proven track record of favorable outcomes in DUI cases. For an aggressive approach to your defense, contact our office today.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.